• Personnel File Checklist

• Though you can keep the majority of the documents together in a personnel file, certain types of documents must or should be kept separately.

This section discusses the documents that must or should be kept separately.

Where to Retain Medical Records

California law mandates that you establish appropriate procedures to ensure all employee medical records and information will remain confidential and will be protected from unauthorized use and disclosure.1 Failing to establish these procedures is a misdemeanor and allows an employee to collect damages and attorneys’ fees.2 For more information, see Keeping Medical Information Private.

Where to Retain Equal Employment Opportunity Information

If you are required by law to prepare an EEO1-Report, you may be gathering data regarding the racial or ethnic identity of an individual in the course of completing the report. The EEOC recommends maintaining a permanent record as to the racial or ethnic identity of an individual for the purpose of completing the report form only if the employer keeps such records separately from the employee's basic personnel file or other personnel records available to those responsible for personnel decisions, e.g., as part of an automatic data processing system in the payroll department.3 For more information, see Discrimination Reporting Requirements.

Where to Retain Employment Eligibility Verifications (Form I-9 )

Keep forms and information verifying your employees’ right to work in this country, including the Form I-9 - Employment Eligibility Verification and photocopies of verification documents, in a common file rather than in each employee’s personnel file. This ensures that you can access the information easily for an audit by immigration or labor officials. It also allows you to readily review all the forms on a regular basis to determine if it is necessary to reverify expiring documents.

1.Civ. Code sec. 56.20